Marriages Act, 1972

Amendment of section 35 of Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870.

12.—(1) Section 35 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act, 1870 , and the forms in the Schedule (A.) to that Act shall have effect subject to the following amendments:

(a) in the first paragraph “or one of them has been a member of a congregation as provided for by this section” shall be inserted after “and resident within such districts”,

(b) in the second paragraph “or been for not less than three months then next preceding a member of the congregation of the church or chapel” shall be inserted after “the district named in that notice”,

(c) the following sentences shall be added to the second paragraph: “In case the church or chapel named in the notice is attached to a parish in which on the date of the notice neither of the parties intending marriage resides, the licence shall not be granted save on production, in case the parties are resident on the date of the notice in the same parish, of the consent of the incumbent of that parish and, in case the parties are so resident in different parishes, of the consents of the incumbents of those parishes. In the foregoing sentence every reference to an incumbent shall be construed as including a reference to a curate in charge and, should there be no incumbent or curate in charge, a reference to the bishop of the diocese.”,

(d) in the fifth paragraph “or for more than three months immediately before the day of the grant of such licence been a member of the congregation of such church or chapel” shall be inserted after “the church or chapel in which such marriage is to be solemnised”,

(e) in Form No. I “[or been for more than three months a member of the congregation of the (here describe the building in which the marriage is to be solemnised)]” shall be inserted after “had your (or his or her) usual place of abode for the space of fourteen days last past within the district of (   )”,

(f) in Form No. II “(where material)” shall be inserted after “Length of Residence”.

(2) A licence under section 33 of the Marriages (Ireland) Act, 1844, or section 34 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 , shall operate to licence the church or chapel for the celebration of marriages licensed under section 35 of the latter Act as amended by this section.